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Part 2—Modern slavery statements

Part 2 Modern slavery statements

   

11   Simplified outline of this Part

This Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.

The statements must also include information about actions taken to address those risks.

Joint modern slavery statements may be given on behalf of one or more reporting entities.

The Minister must prepare an annual modern slavery statement on behalf of all non-corporate Commonwealth entities.

12   Meaning of modern slavery statement

                   A modern slavery statement is a statement prepared for the purposes of any of the following:

                     (a)  section 13 (modern slavery statements for single reporting entities);

                     (b)  section 14 (joint modern slavery statements);

                     (c)  section 15 (Commonwealth modern slavery statements).

13   Modern slavery statements for single reporting entities

             (1)  A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).

             (2)  The reporting entity must ensure that the statement:

                     (a)  complies with section 16; and

                     (b)  is prepared in a form approved by the Minister; and

                     (c)  is approved by the principal governing body of the entity; and

                     (d)  is signed by a responsible member of the entity; and

                     (e)  is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.

Note:          The statement may be signed electronically: see section 10 of the Electronic Transactions Act 1999 .

14   Joint modern slavery statements

             (1)  An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.

             (2)  The entity giving the statement must ensure that it:

                     (a)  complies with section 16; and

                     (b)  is prepared in a form approved by the Minister; and

                     (c)  is prepared in consultation with each reporting entity covered by the statement; and

                     (d)  is approved by the principal governing body of:

                              (i)  each reporting entity covered by the statement; or

                             (ii)  an entity (the higher entity ) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or

                            (iii)  if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and

                     (e)  is signed by a responsible member of:

                              (i)  if subparagraph (d)(i) applies—each reporting entity covered by the statement; or

                             (ii)  if subparagraph (d)(ii) applies—the higher entity; or

                            (iii)  if subparagraph (d)(iii) applies—each reporting entity to which the subparagraph applies; and

                      (f)  is given to the Minister:

                              (i)  within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or

                             (ii)  within a period prescribed by rules made for the purposes of this subparagraph.

Note 1:       The statement may be signed electronically: see section 10 of the Electronic Transactions Act 1999 .

Note 2:       If subparagraph (d)(iii) applies, the statement must include an explanation: see subsection 16(2).

15   Commonwealth modern slavery statements

             (1)  The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non-corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013 .

             (2)  The Minister must ensure that the statement:

                     (a)  complies with section 16; and

                     (b)  is prepared within 6 months after the end of the reporting period.

16   Mandatory criteria for modern slavery statements

             (1)  A modern slavery statement must, in relation to each reporting entity covered by the statement:

                     (a)  identify the reporting entity; and

                     (b)  describe the structure, operations and supply chains of the reporting entity; and

                     (c)  describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and

                     (d)  describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and

                     (e)  describe how the reporting entity assesses the effectiveness of such actions; and

                      (f)  describe the process of consultation with:

                              (i)  any entities that the reporting entity owns or controls; and

                             (ii)  in the case of a reporting entity covered by a statement under section 14—the entity giving the statement; and

                     (g)  include any other information that the reporting entity, or the entity giving the statement, considers relevant.

Example:    For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.

             (2)  A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:

                     (a)  for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or

                     (b)  for a statement to be given under section 14 (joint modern slavery statements):

                              (i)  details of approval by the relevant principal governing body or bodies; and

                             (ii)  if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).